Roundup: Mark Norman and the culture of leaks

As the Conservatives try to keep the Mark Norman affair in the news – currently demanding committee hearings with a laundry list of witnesses, as though that had any chance of happening this close to an election when Parliament is seized with trying to get as many bills through the process as they can – there are a couple of new bits of information that I have a hard time fitting into the established factual matrix. The one that the CBC published yesterday was that it was revealed that Norman was authorized by the Harper Cabinet to communicate with Davie Shipyard – because they were using Norman to doing an end-run around the then-Chief of Defence Staff, who was opposed to the lease and refit of the supply ship. I’m not sure entirely how this would be the piece of information to exonerate him, given that he’s alleged to have leaked the news of the pause on the process to a lobbyist and a reporter as a way of pressuring the government to restarting it (which they did in short order). You also have to wonder why Peter MacKay would have sat on this bit of information for all of these months only to pull it out now rather than defend Norman in public with it. None of it makes any actual sense, but that’s where we are.

In light of the case, the National Post has a piece about the use of leaks in Ottawa, and the currency around them – how governments use them to manipulate journalists, how bureaucrats use them to even scores, and very occasionally they’re used to hold people to account. The question the piece asks is why, in a city of leaks, Norman was being made an example of, but I’m not sure it’s a question we’ll get an answer to anytime soon. While it’s a good overview, I keep going back to The Thick of It, and the discussion around leaks during the Goolding Inquiry, when Malcolm Tucker described leaks as essential to release the pressure going on in government, lest things get dark if they didn’t. And I do think there’s an element of that, but given the exercise we just went through during the Double-Hyphen Affair, and the competing leaks and denials, I find myself wondering if We The Media need to exercise a bit more self-reflection in our use of them, rather than simply allowing ourselves to be manipulated because we think it’ll be good for our careers. (Or maybe I’m just being naïve).

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Roundup: Questions about that Senate poll

There is some drama going down at the Senate’s internal economy committee over Senator Donna Dasko’s poll on the Senate appointment process. Conservative senators say the poll is really partisan and should be a personal expense, whereas Dasko says they just don’t like the results and are trying to shoot the messenger. But I will have to say that I’m leaning more toward the Conservative side on this one because Senator Yuen Pau Woo – the “facilitator” of the Independent Senators Group – and others have been using this poll to push the Senate appointment process as an election issue, knowing full well that Andrew Scheer plans a return to partisan appointments and Jagmeet Singh follows the NDP dogma of preferring to abolish the Senate (but good luck getting the unanimous consent of the provinces). That is de facto partisan, whether Woo and the Independents believe it to be or not (and it’s somewhat galling that they don’t see this as being partisan, and yet they refuse to engage in the horse trading on managing bills in the Senate, because they see that as a partisan activity when it most certainly is not).

We all know that I didn’t find the poll particularly illuminating, because it could have asked Canadians if they wanted a pony and would have achieved similar results. I do especially find it objectionable that these senators are using it to justify their world view of the Senate, which is and of itself a problem – their particular disdain for everything that came before, dismissing it as being partisan and hence evil and wrong, is part of what has caused the myriad of problems the Senate is now facing with its Order Paper crisis and committees that aren’t functioning, because they don’t understand how Parliament or politics works and they don’t care to. But now they have a poll to point to that says that Canadians like the independent appointments process, as though that justifies everything. It doesn’t and it creates more problems in the long term.

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Roundup: Surprising job numbers

There were surprising economic numbers out yesterday – record job creation, and historic unemployment rate lows in Quebec, and nearing lows for youth unemployment. The government had obviously been preparing for the threshold of a million jobs created since they took office, because once it happened with this morning’s release, they were all over it, and everyone of them was pushing insufferable memes over their social media channels, and trying to wedge it into QP when they got bored of the Mark Norman scripts. And before you ask, no these jobs weren’t all in the public sector, but the majority were in the private sector and were full-time jobs, and were broad across different sectors that tested well, meaning that the data has less chance of being suspect as the month-over-month data can be.

This will set up a few different narratives as we careen toward the election – from the Liberals, it will be seen as proof that their plan for “investing in the middle class” is working, which will be key for their re-election message. While Andrew Scheer has attempted to claim that there was a jobs crisis in this country on several occasions – based in part on deliberately misconstruing StatsCan data – it’s never really stuck. Likewise, this pours a lot of cold water on the claims that the federal carbon price is a job-killer (though they would say that it remains too soon to tell). It also is on the road to completely disproving that said carbon price will drive the country into recession – in fact, it looks like the economy is picking back up steam after the slowdown related to the most recent oil price crash (which the Bank of Canada had always stated was due to temporary factors, though it spread a bit further than initially anticipated). That these job figures had other strong indicators like good wage growth in them, it bolsters the picture of that recovery, which should be back to solid growth by the time of the election. Of course, the Conservatives will try to point to the fact that the Americans are showing bigger job growth than we are, but it also bears reminding that they’ve juiced their economy with a trillion dollars in annual deficit spending, which puts Trudeau’s very small deficits in favourable comparison.

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I’m not sure that this will undo all of the damage the Liberals have been doing to themselves, and they’re going to inevitably be arrogant in how they communicate this economic good news, but they can at least point to good numbers.

https://twitter.com/SkepticRod/status/1125431876670255104

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Roundup: Beyak suspended

It was inevitable, but the Senate has voted to suspend Senator Lynn Beyak without pay for the remainder of his Parliament in accordance with the recommendation from the Senate’s ethics committee after the findings of the Ethics Officer that letters Beyak posted to her website were racist and breached the ethics code for senators. Beyak got her chance to defend herself yesterday before the vote, and she insisted that she has done nothing wrong, that there’s nothing racist about the “truth” (as she sees it), and she thinks that her website is a beacon of positivity because she’s trying to assert that residential schools for Indigenous children weren’t all bad.

In terms of next steps, Beyak will likely reappear at the start of the next parliament, following the election, where she will be given another chance to apologise, and prove that she understands why those letters were racist (something she has been completely incapable of comprehending to date – and the Ethics Officer did point out that this was an issue of comprehension, not malice). At that point, if she still refuses to see the error of her ways, the Senate could revisit the matter and vote to suspend her again for that parliamentary session (meaning until there is a prorogation or dissolution), and if that extends past two years, there is the possibility that they could declare the seat vacant at that point. More likely will be pressure to simply vote to expel Beyak for the Senate because she has been unrepentant in exposing the Senate to disrepute for her racist actions – at which point she may get the hint and do the honourable thing and just resign, but she does seem to be sticking to her guns here. Regardless, this suspension is now the first stage in a two-stage process of dealing with the problem. But those who want Beyak to be out immediately will need to be patient, because the power to expel a senator can’t be used casually.

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Roundup: The Norman trial collapses

As expected, Crown prosecutors announced yesterday that they were staying the breach of trust charges that had been laid against Vice Admiral Mark Norman regarding the leaks of cabinet confidences related to a shipbuilding project, and people who don’t pay attention to details decided that the timing was suspicious and spun a number of conspiracy theories, many of them around the fact that Andrew Leslie was due to “testify against” the government. (Reality check: Leslie agreed to be a character witness for Norman months ago, and PMO was fully aware and there were no indications that they tried to dissuade him from doing so). With that out of the way, Norman made a statement about bias and presumption of guilt by senior levels of government, and his lawyer, the formidable Marie Henein, threw shade at PMO – stating that while the prosecutors acted independently, she felt PMO was withholding documents for far too long in the process – and the suggestion is that some of the Harper-era documents were what eventually exonerated him (though the Crown attorneys said there was no one piece of evidence that was responsible). As this was happening, Harjit Sajjan announced on his way into caucus that the government would pay Norman’s legal expenses. Norman later met with the Chief of Defence Staff, General Jonathan Vance, who said that with this out of the way, that Norman would be returning to duty soon, though we’ll see if it will be back as vice-chief of defence staff, as the role has since been filled by someone else. There are lingering questionslots of them – about what happened here, but there aren’t likely to be many answers anytime soon given that the trial for the bureaucrat also charged with leaking information is coming up.

And great Cyllenian Hermes, were there a lot of hot takes on the end of the Norman trial today. Christie Blatchford described Norman’s ordeal, while Andrew Coyne has so many questions. Susan Delacourt and Matt Gurney both point out that this could remove one controversy from Justin Trudeau’s plate before the election, but both point to the lasting reputational damage that this has helped to inflict on Trudeau.

I have a few comments of my own that nobody seems to have brought up – one of them is to point out that the RCMP unit that investigated the leak was apparently the same one who investigated Senator Mike Duffy, and so ballsed up that investigation that we all know how it ended. Perhaps we should question whether this investigative unit is very good at their jobs. The other thing that bothers me in this whole affair was less about the leak than it was about what appears to be a high-ranking military official who balked when Scott Brison, the Treasury Board president, put the process on pause so that they could examine the sole-source contract granted by the previous government (as is the official version of events). Remember that this contract was granted after the House of Commons rose for the summer (and before the election call), and when Senators raised it while they still sat, the government offered no clarity or details, so there was no proper scrutiny at the time. That matters. But whether Brison paused the process to examine it, or to possibly open it for tender, it shouldn’t have been for Norman to work his contacts to try and pressure the government to resume the process (as is the allegation), because that undermines the civilian control of our military. Nobody is talking about his angle, which I think needs a better airing in all of this.

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Roundup: Green wins, and the AG’s report

After the Green Party won their second seat in Monday night’s by-election in Nanaimo–Ladysmith, it was inevitable that we would be subjected to a litany of hot takes about what this means for the upcoming federal election, most of which I’m not going to bother reading because frankly, I’m not sure it means anything at all. The Greens have been doing well provincially on Vancouver Island, where this riding is, and more than that, this particular candidate was once an NDP candidate who was booted from the party (apparently for views about Israel), and when the Greens picked him up, he won for them, while the NDP vote collapsed. Add to that, Green wins in BC, New Brunswick and PEI were also predicated by incumbent governments who had been in place for a long time (well, in New Brunswick, it was a constant PC/Liberal swap), and that’s not necessarily the case federally. While Justin Trudeau and Jagmeet Singh tried to spin this as “proof” that Canadians care about the environment (for which both will try to tout their party policies on the same) we can’t forget that Canadians want to do something about the environment in the same way that they want a pony – it’s a nice idea that nobody has any intention of following up on because it’s a lot of effort and mess. This has been proven time and again. I would also caution against the notion that this means that “progressive” votes are up for grabs, because the Greens, well, aren’t all that progressive. If you read their platform, it’s really quite socially conservative, and they had whole sections essentially written by “Men’s Rights Activists” because they have little to no adult supervision in their policy development process. So any hot takes you’re going to read about the by-election are probably going to be full of hot air (quite possibly this one as well).

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Auditor General’s Report

The big news out of the Auditor General’s report was of course the backlog that the Immigration and Refugee Board faces regarding asylum claimants in Canada. The Conservatives, naturally, have jumped on this to “prove” that the current government has somehow broken the system, but every single expert that was cited over the day yesterday said that the Liberals inherited a system that was already broken (some went so far as to say that the Conservatives deliberately broke it in order to force a crisis that would allow them to adopt more draconian measures – though those backfired in a spectacular way, worsening the backlog), and that they have taken steps to increase the IRB’s resources. I wrote about some of these issues a while ago, and the IRB was starting to streamline some of their processes and start making use of technology like email (no, seriously) that cut down on some of the bureaucracy they were mired in – but as with anything, these kinds of changes take time to implement and have an effect. But expect the narrative of the “broken” system to continue in the run up to the election. Meanwhile, here are the other reports:

  • Half of Canadians who call a government call centre can’t get through, which is blamed on technology that was allowed to go obsolete
  • The RCMP are still not adequately prepared to deal with active shooter situations.
  • Our tax system hasn’t kept up with e-commerce and needs modernization
  • The mechanism to prevent governments from doing partisan advertising has little documentation and rigour.

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Roundup: The rot Chong won’t address

Conservative MP Michael Chong took to Policy Options yesterday to decry that the unilateral expulsions of Jody Wilson-Raybould and Jane Philpott from the Liberal caucus was indicative of a “deeper rot” in our parliamentary culture. His solution? Just make some amendments to his garbage legislation Reform Act to better enforce the called-for votes to implement at the beginning of each parliament, or to do away with the voting entirely (which was a compromise to make the bill palatable), and ensure that the measures in the bill are fully enforceable regardless. And I just can’t even.

Chong keeps insisting that his garbage bill was going to “rebalance” the power between MPs and party leaders, but it does nothing of the sort – much like this omnibus motion that Liberal MP Frank Bayliss is proposing to amend the Standing Orders (which Chong is a co-sponsor of). These kinds of measures don’t actually attack the root of the problems facing our parliament, and in the creation of new rules, they simply create avenues for unintended consequences that make things worse. (For more on the Bayliss motion and why it’s a problem, see my weekend column). The solution is not, and will never be, more rules. The solution is to do away with the rules that have made things progressively worse, and to start rolling back the changes that our MPs keep making in the vain hopes of improving their lot when all they need to do is assert the powers that they already have.

I fear I am getting repetitive about this point, but until people start listening, I will keep saying it – the biggest root cause of the problems in our system, particularly where it concerns the “balancing” of powers of MPs vis-à-vis the party leader, is the party leadership selection system. Unless caucus members can select the leader, any attempt made by them to remove the leader, garbage Reform Act or no, will be seen as illegitimate precisely because the current selection system insulates leaders with a false notion of “democratic legitimacy.” And Chong knows this, but keeps trying to burnish his garbage bill in the hopes that it will somehow shine. It’s not going to happen, and MPs telling themselves that the solution is more rules are simply deluding themselves. More rules got us in this situation. More rules keeps taking power away from MPs under the guise of “rebalancing” or “restoring” that power, and this cycle keeps repeating. It needs to stop, and it means MPs (and the pundit class of this country) need to stop believing this mythology. The only solution is caucus selection of leaders. Anything else is a mirage.

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Roundup: Performative outrage and scapegoating

A couple of headlines this weekend made me roll my eyes, and they’re on a related subject. The first was Saskatchewan premier Scott Moe lamenting that federal-provincial legal battles are the “new normal” in Canadian intergovernmental affairs. The problem? That pretty much 99 percent of these cases are frivolous and examples of provincial governments throwing tantrums – and this is not just the various court references about the carbon price backstop, but also BC’s initial challenge to say that they have the power to regulate what goes through a federally-regulated pipeline. They’re futile bids that are the equivalent of shaking one’s fist at the clouds in order to performatively look like they’re being tough, and all it does is waste time, resources, and throw uncertainty into the business climate. If anything, being performative for populist reasons is the “new normal” and the courts are just pawns in the whole affair, which is really unfortunate.

The second headline was a Calgary professor who says that the anger in Alberta is being dismissed as “alienation” when it’s “abuse” by the federal government toward the western provinces – which is patently absurd. Most of Alberta’s problems are related to the collapse in the world price of oil (which has to do with a global supply glut), and the fact that the province has long refused to adequately diversify their economy (because oil money is so addictive). But when things like pipeline projects are being made to respect the constitutional obligations to properly consult Indigenous peoples – as opposed to simply bulldozing over their rights as what used to be the case – that’s “abuse”? Really? That the imposition of a federal carbon price that oil companies have been asking for as part of a market-based solution for the serious climate crisis this planet is facing is “abuse”? Seriously? No, it’s not abuse. The province has obligations to live up to, and scapegoating Rachel Notley and Justin Trudeau for the problems stemming from the world price of oil is populist bilge, and professors who rationalize it are part of the problem.

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Roundup: A victory for carbon prices

In a 3-2 decision, the Saskatchewan Court of Appeal has ruled that the federal carbon price backstop is not only constitutional, but it also qualifies as a regulatory charge and not a tax, which means that the way it’s being applied is also constitutional. Predictably, Scott Moe has vowed to take this to the Supreme Court of Canada (and a 3-2 decision made this a certainty if the political element wasn’t there already), while Catherine McKenna, predictably, called it a victory for the planet.

In terms of analysis, here is the long thread from economist Andrew Leach’s reading fo the decision, and his commentary on what the dissenting judges got wrong is particularly illuminating. As well, economist Lindsay Tedds’ wheelhouse is the whole difference between taxes and regulatory charges, so she has some comments here. I would note that the majority decision is going to be some of the precedent that Ontario’s Court of Appeal will look at as they’re drafting their own ruling on the Ontario reference, and if New Brunswick, Alberta, and Manitoba proceed with their own challenges, it will help to inform them as well. But with it headed to the Supreme Court of Canada – as Ontario’s will inevitably as well, and everyone knows it – it may not make any more sense for those other provinces to carry on their own challenges as it’s unlikely that they’ll make any more novel arguments, and it would seem to be swifter for all involved to let the SCC process happen sooner than later (though it certainly won’t happen before the next election, and there is a hope among opponents that a Conservative win will render the whole issue moot if they scrap the federal law beforehand).

Jason Markusoff notes that while the court victory is a modest win for the Liberals, the continued carbon tax crusading by Kenney and Ford isn’t winning them much applause from the blue-chip Toronto corporations that they’re looking to attract with their “open for business” shtick. (Here’s a hint: Stop creating uncertainty by cancelling established environmental plans and creating political risk by cancelling projects and immunizing yourselves from litigation). Andrew Coyne, meanwhile, asserts that the ruling is a victory for common sense – as well as the planet.

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Roundup: Kenney’s a federalist, but…

Jason Kenney made his triumphant return to Ottawa yesterday, now bearing the title of premier of Alberta, and he went before a Senate committee to a) bluster, and b) warn that if he didn’t get his way that separatist sentiment would rise in Alberta, even though he insisted that he’s a federalist, but this was somehow beyond his control. Erm, except an actual federalist wouldn’t give oxygen to these swivel-eyed loons, nor would someone who was actually concerned about the state of the federation feed them a diet of lies and snake oil to keep them angry for the sake of electoral gain.

Part of Kenney’s bluster was his threatening to launch court challenges against Bill C-69 if it gets passed in its current form, because he claims it intrudes on provincial jurisdiction – but he’s also said a lot of bogus things about the constitutionality of his promises (up to and including his threat about holding a referendum on equalisation, which he is also now equivocating on in the media), so I’m not sure he’s got a lot of credibility to spare in this legal analysis. But these kinds of threats also put me in mind a certain sense of contagion with the court cases around the carbon tax, and according to one environmental lawyer that I interviewed recently for an upcoming article, there is a sense that the provinces are trying to lay out markers in the area of shared jurisdiction, and this may be more of that – provinces trying to grab more power for their own sake.

The thing that really bothers me about Kenney’s “I’m a federalist, but…” line is that he doesn’t seem to care how dangerous it is, and how very antithetical it runs to his so-called “open for business” shtick. Do you know what drives away business investment (beyond destroying certainty by promising to tear up the environmental regime that they were partners in developing and increasing the political risk by constantly threatening lawsuits)? Separatist sentiment. Ask Quebec what it did for them, when all of those national headquarters fled Montreal for Toronto (remember when Montreal used to be the financial capital of Canada?) and their housing market plummeted? Yeah, not sure that’s something that Kenney should be trying to repeat, even if he’s using it as a threat. Beyond that, he can’t just say “I’m a federalist, but…” and not take some responsibility for the anger he’s stoked knowing full well that he can’t deliver on those promises, which will just cause that anger to fester. I know some people are trying to claim that he’s simply trying to channel that separatist sentiment into more harmless paths, but he’s courted it rather than smacked it down. “I’m a federalist, but…” just winks to them, and it’s beyond irresponsible.

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